5119.25
Withholding of funds for failure to comply with statutory or regulatory provisions.

(A)[Effective until 7/1/2017]The director of mental health and
addiction services, in whole or in part, may withhold funds otherwise to be
allocated to a board of alcohol, drug addiction, and mental health services
under section 5119.23 of the Revised Code if
the board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the
department of mental health and addiction services.

(A)[Effective 7/1/2017] The director of mental health and addiction
services, in whole or in part, may withhold funds otherwise to be allocated to
a board of alcohol, drug addiction, and mental health services under section
5119.23 of the Revised Code if
the board fails to comply with Chapter 340. or 5119. of the Revised Code or
rules of the department of mental health and addiction services. However,
beginning July 1, 2017, the director shall withhold all
such funds from the board when required to do so under division (A)(4) of
section 340.08 of the Revised Code or
division (G)(1) of section
5119.22 of the Revised
Code.

(B)
The
director of mental health and addiction services may withhold funds otherwise
to be allocated to a board of alcohol, drug addiction, and mental health
services under section
5119.23 of the Revised Code if
the board denies available service on the basis of race, color, religion,
creed, sex, age, national origin, disability as defined in section
4112.01 of the Revised Code, or
developmental disability.

(C)
The director shall issue a notice identifying the areas of noncompliance and
the action necessary to achieve compliance. The director may offer technical
assistance to the board to achieve compliance. The board shall have thirty days
from receipt of the notice of noncompliance to present its position that it is
in compliance or to submit to the director evidence of corrective action the
board took to achieve compliance. Before withholding funds, the director or the
director's designee shall hold a hearing within thirty days of receipt of the
board's position or evidence to determine if there are continuing violations
and that either assistance is rejected or the board is unable, or has failed,
to achieve compliance. The director may appoint a representative from another
board of alcohol, drug addiction, and mental health services to serve as a
mentor for the board in developing and executing a plan of corrective action to
achieve compliance. Any such representative shall be from a board that is in
compliance with Chapter 340. of the Revised Code, this chapter, and the department's
rules. Subsequent to the hearing process, if it is determined that compliance
has not been achieved, the director may allocate all or part of the withheld
funds to one or more community mental health services providers or community
addiction services providers to provide the mental health
service or addiction service for which the board is
not in compliance until the time that there is compliance. The director shall
adopt rules in accordance with Chapter 119. of the Revised Code to implement
this section.